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Toll v. Moreno, 458 U.S. 1 (1982)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Toll v. Moreno, 458 U.S. 1 (1982)
Toll v. Moreno No. 80-2178 Argued March 2, 1982 Decided June 28, 1982 458 U.S. 1
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FOURTH CIRCUIT
Syllabus
Held: The University of Maryland’s policy of categorically denying domiciled nonimmigrant aliens who hold G-4 visas (visas issued to nonimmigrant aliens who are officers or employees of certain international organizations and to members of their immediate families) in-state status under which preferential treatment is given to domiciled citizen and immigrant alien students for purposes of tuition and fees is invalid under the Supremacy Clause. Pp. 10-19.
(a) "[S]tate regulation not congressionally sanctioned that discriminates against aliens lawfully admitted to the country is impermissible if it imposes additional burdens not contemplated by Congress." De Canas v. Bica, 424 U.S. 351, 358, n. 6. Here, in light of Congress’ explicit decision in the Immigration and Nationality Act of 1952 not to bar G-4 aliens from acquiring domicile in the United States, the State’s decision to deny "in-state" status to G-4 aliens, solely on account of such aliens’ immigration status, amounts to an ancillary "burden not contemplated by Congress" in admitting these aliens to the United States. Moreover, by imposing on domiciled G-4 aliens higher tuition and fees than are imposed on other domiciliaries of the State, the University’s policy frustrates the federal policies embodied in the special tax exemptions afforded G-4 aliens by various treaties, international agreements, and federal statutes. Pp. 10-17.
(b) The Eleventh Amendment did not preclude the District Court from ordering the University to pay refunds to various G-4 alien class members who would have obtained in-state status but for the stay, pending appeal, of that court’s original order granting partial summary judgment in favor of the named plaintiffs, where the University, in seeking the stay, represented that, if the order was affirmed on appeal, it would make appropriate refunds. Contrary to petitioners’ contention, the order was not vacated when this Court vacated the Court of Appeals’ judgment affirming the District Court and remanded the case to the District Court for reconsideration. Pp. 17-19.
645 F.2d 217, affirmed.
BRENNAN, J., delivered the opinion of the Court, in which WHITE, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. BLACKMUN, J., filed a concurring opinion, post,p. 19. O’CONNOR, J., filed an opinion concurring in part and dissenting in part, post,p. 24. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., joined, post,p. 25.
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Chicago: U.S. Supreme Court, "Syllabus," Toll v. Moreno, 458 U.S. 1 (1982) in 458 U.S. 1 458 U.S. 2–458 U.S. 3. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=APMFM5CIUJVSVRJ.
MLA: U.S. Supreme Court. "Syllabus." Toll v. Moreno, 458 U.S. 1 (1982), in 458 U.S. 1, pp. 458 U.S. 2–458 U.S. 3. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=APMFM5CIUJVSVRJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Toll v. Moreno, 458 U.S. 1 (1982). cited in 1982, 458 U.S. 1, pp.458 U.S. 2–458 U.S. 3. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=APMFM5CIUJVSVRJ.
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